Last Updated: July 2009
PLEASE READ THIS DOCUMENT CAREFULLY. IT IS A BINDING AGREEMENT AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
REGISTRATION: In order to use the Hotwire API, you must be at least eighteen (18) years old and have the legal capacity to enter into this agreement. You must also register. You may not impersonate any other person when you register, and you must maintain accurate and up-to-date account information, including your contact information. When you register, you will be assigned an API Key that will identify your account and permit you to make requests to the Hotwire API. You may have only one (1) account. You may not sell, transfer, assign, sublicense or otherwise disclose your API Key to any other person or entity. It is your responsibility to maintain the confidentiality of your API Key, and solely you are responsible for all use of the Hotwire API through it, whether or not you have authorized such use. You will immediately notify us of any unauthorized use of your account or any other actual or suspected breach of our security.
USE FROM OUTSIDE OF THE UNITED STATES: We make no representations that the Hotwire API is appropriate or available for use in locations outside of the U.S. If you use the Hotwire API from outside of the U.S., you do so voluntarily and at your own risk, and you are responsible for compliance with applicable law.
· Download and use the Hotwire API, for the sole purpose of interfacing with our servers to access and retrieve data (the “Hotwire Content”);
· Display the Hotwire Content on pages of your website, widgets, mobile applications and/or other electronic media; and
ATTRIBUTION TO HOTWIRE; USE OF THE HOTWIRE MARKS:
On each page of your website, widget, mobile application and/or other electronic media that uses, incorporates or displays the Hotwire API or Hotwire Content, you will display either the Hotwire logo or the Hotwire name. The logo or name must link directly to our home page (www.hotwire.com).
You may use the Hotwire Marks only in conjunction with your use of the Hotwire API, subject to the following requirements:
· You may use the Hotwire Marks only in the form in which we make them available to you or, if you are a Hotwire affiliate, on the LinkShare program portal. The form of the Hotwire Marks may change from time to time. If we change the Hotwire Marks, you will use the new marks and not the old ones.
· You will not use any Hotwire Mark in your search engine marketing.
· You may not use the Hotwire Marks in any manner that disparages us, Expedia, Inc., or our related companies.
· You will conduct your business in a professional manner, in a way that reflects favorably on our reputation.
· You will immediately discontinue the use of any Hotwire Mark, the Hotwire Content and/or the Hotwire API, if we request you to do so in writing.
· You will not misrepresent or exaggerate the relationship between you and us. Without limiting the generality of this prohibition, you will not, for example, state or imply that we sponsor, endorse or support you, your application, your website or your business.
YOUR USE OF THE HOTWIRE API:
· You agree that solely you are responsible for the development, operation and maintenance of your application.
· You may make network calls or requests to the Hotwire API at any time that the Hotwire API and the Hotwire Content are available, provided that you do not exceed the limits posted on the developer portal, which may change from time to time. To request an increase in the posted limits, follow the instructions on the portal.
· Display Requirements:
o The Hotwire Content returned to you by the Hotwire API will include a URL element specifying a link to the Hotwire site that you must make accessible to the end users of your application. Except as described below for members of the Hotwire affiliate program, you may not alter any such link. You may not use the Hotwire API to direct traffic to any other link.
o If your application displays multiple items returned by the Hotwire API, all associated links must be accessible to the end user of your application.
o If your application displays weather data retrieved from the Hotwire site, you will include the following clear and conspicuous attribution in immediate proximity to your display of the weather data: “WEATHER SOURCE: National Oceanic and Atmospheric Admin., National Climatic Data Center, Asheville, NC.”
o If you are a member of the Hotwire affiliate program, your application must display LinkShare-compatible versions of the URLs returned to you by the Hotwire API in order for you to receive affiliate credit for traffic sent to Hotwire through your application. The method you will use to generate a LinkShare-compatible URL may vary depending on which Hotwire API you are calling.
§ In some cases, the Hotwire API will be able to return a LinkShare-compatible URL if you pass your LinkShare id as a parameter when calling the Hotwire API. Consult the documentation on the Hotwire developer portal to determine if this option is available for the API you plan to use.
o You will not:
§ Alter any Hotwire Content.
§ Minimize or otherwise inhibit the complete display of the page of the Hotwire site accessed through any link returned to you by the Hotwire API.
§ Alter, remove or obscure any notice, trademark or other content on the Hotwire site.
§ Frame the Hotwire site, nor will you cause it to be displayed in any pop-up, pop-under, exit window, expanding button or animated window. You may, however, create a new, full-sized browser window that displays the Hotwire site when an end user of your application clicks on a link.
§ Use the Hotwire API or the Hotwire Content in connection with any adware or spyware.
§ Use the Hotwire API or the Hotwire Content in any direct marketing media, including, without limitation, email.
§ Use the Hotwire API or Hotwire Content in any application or on any site or in any other medium that contains, depicts or promotes violence, pornography, illegal activities or material that is defamatory, libelous, threatening, abusive, harassing, harmful, obscene or is otherwise tortious, offensive or objectionable (in our sole judgment) or which may give rise to liability or violate any law.
· You may not replicate or archive, or attempt to replicate or archive, the Hotwire Content delivered to you by the Hotwire API.
· Caching Limits:
o Subject to the limitations below, you may not cache Hotwire Content returned to you by the Hotwire API for more than 24 hours after retrieval.
o If Hotwire Content returned to you by the Hotwire API contains an expiration element, then you may not cache that content beyond the specified expiration date and/or time.
o If Hotwire Content returned to you by the Hotwire API contains a “published date,” “created date” or “found date” element, then you may not cache that content for more than 24 hours from the “published,” “created” or “found” date.
· You will not use the Hotwire API or Hotwire Content in a way that is directly competitive with the Hotwire site.
· You will not interfere or attempt to interfere in any way with the functionality, stability or proper working of the Hotwire API, the Hotwire site or our servers or other equipment.
· You agree that you will not, and will not attempt to, alter, modify or tamper with the Hotwire API. You further agree that you will not seek to reverse engineer, disassemble or decompile the Hotwire API, or otherwise seek to derive any of its source code.
· You will not issue any press release or other statement to the media promoting your use of the Hotwire API without our prior written permission.
OUR USE OF YOUR NAME: You agree that, if applicable, we may include your company name, along with a link to your website (if applicable), on the Hotwire site and elsewhere, as part of a list of persons using the Hotwire API.
TERMINATION: We reserve the right in our sole discretion to terminate or restrict your use of the Hotwire API and/or the Hotwire Content (including, without limitation, any supplier rates) without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to suspend or discontinue the Hotwire API and/or any Hotwire Content at any time. Upon termination, you will promptly: (1) delete and remove all calls to the Hotwire API from all web pages, scripts, widgets, applications and other software and media in your direct or indirect possession or control; (2) destroy and remove from all computers, hard drives, networks and other storage media all copies of the Hotwire API, Hotwire Marks and/or Hotwire Content; and (3) certify in writing to us that you have taken the foregoing actions.
CHANGES TO THE HOTWIRE API: You acknowledge that we may change the Hotwire API from time to time and that it is your responsibility to ensure that requests you make to it are compatible with the then-current Hotwire API. You further agree that we may change or remove features or functionality of the Hotwire API or the Hotwire website at any time, without notice or liability to you or any third party.
ELECTRONIC NOTICES: By registering to use the Hotwire API, you agree to receive electronic communications from us. You agree that any notice or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
USE OF INFORMATION SUBMITTED: You agree that we are free to use any comments, information or ideas contained in any communication you send us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to modifying the Hotwire API, the Hotwire Content or the Hotwire site, and developing and marketing products and services.
U.S. EXPORT CONTROLS: Any software made available to you in connection with the Hotwire API is subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws.
NO ENDORSEMENT: You understand and agree that we do not endorse your application.